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FIREMAN'S FUND INDEMNITY CO. v. KENNEDY

No. 8625.

97 F.2d 882 (1938)

FIREMAN'S FUND INDEMNITY CO. v. KENNEDY.

Circuit Court of Appeals, Ninth Circuit.

June 30, 1938.

Attorney(s) appearing for the Case

Bronson, Bronson & McKinnon, of San Francisco, Cal., and R. F. Gaines, of Butte, Mont., for appellant.

Harrison J. Freebourn and Enor K. Matson, both of Helena, Mont., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

This is an appeal from a judgment of the District Court for the District of Montana. The case was tried to a jury, and when it was announced that the plaintiff would offer no more testimony, the defendant by its attorney announced that it had no evidence to submit, and rested its case. Thereupon it interposed a motion for a directed verdict, which motion the court denied. The plaintiff then made a motion for a directed verdict, which motion...

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